Hello, I have been charged for a felony for sneaking in my old high school. I recently turned 18 on nov-5. We didn't break, vandalize, or steal anything. We were just chilling inside. When the cops came we didn't resist or run. We did everything t...
A lot of facts are missing to derermine whether a misdemeanor is possible. Many good things are possible in Hayward.
Q: Did you male any confession to police? Did you bring theft related tools with you? Do you have a juvenile criminal history? There are too mant issues that cannot be covered online that need discussing in a consultation.See question
She didn't stop punching him, he got annoyed, he raped het . She struggled hard to the point she was hurting herself, shouting no the whole time, and trying to push him away and keep her pants on. He stopped after 6 min and didn't finish. But to h...
A punch or series of punches would be a misdemeanor if it caused minimal to no harm.
A forcible rape is a serious and violent felony strike, that could lead to years in prison. Rape is not a defense to a punch.
District Attorneys have discretion and decide which crimes to prosecute and which to let slide. Here, the rape would be prosecuted and not much done with regard to the punching because of the huge difference in seriousness of the crimes.See question
I have received a subpoena to testify in a criminal case. I have no connection with the defendant, and on the day of the crime I was interviewed by the detectives and I stated what I saw. However, I have received death threats since this incident...
If you have been properly subpoenaed, you are legally required to go to court and to testify. Once in the witness seat, you are required to answer questions posed to you honestly. If you don't go to court, a judge can issue a bench warrant and order a sheriff's deputy to bring you into court by force, in handcuffs, if necessary. Once in court, if you refuse to testify, you can potentially be thrown in jail for "contempt of court." Being afraid of non-existent threats is not something that will spare you from a subpoenaSee question
It's been over a year and the misdemeanor turned into a infraction and I payed the $500 to court already for what I got in trouble for because my boyfriend nephew stole $200 worth from Walmart. I signed a paper from Walmart but I don't know what t...
You should get a copy of the paper you signed and review it. You are held to know the documents you sign. Walmart could exclude you from shopping at their store if they wish. If they told you never to return, and you did, they could charge you with Trespassing--a misdemeanor crime. You may try to visit the store after many months, and perhaps they will forget you. Or try speaking with management before shopping, to make sure you don't provoke trespassing charges.See question
I was detained for 30 mins because of a security officer. He thought I stole something at the store but turn out to be a mistake. Can I sue the store for false imprisonment?
You can sue, but you are unlikely to win anything. Detaining suspected thieves for a short time is standard procedure. You would have to prove some serious damage to your body, psyche, etc to collect damages. I doubt any reputable personal injury attorney would take this case, without moreSee question
I got a DUI a couple months ago with a blow of .098 and blood test of .10. I hired an attorney and I got a letter from him saying the date of the hearing and it's a telephone one. Shouldn't they actually attend the hearing instead of over a phone ...
Each case is fact-specific. There is no difference as to whether you can win in person or by telephone. What you need is a prepared attorney who knows the case well, and can thoroughly cross-examine the police officer Sometimes the DMV hearing is simply a great place to gather information on how well a police officer will testify and if he/she really remembers the incident or not. You should discuss this carefully with your lawyer.See question
RAP sheet from DOJ shows as : DISPO : RELEASED / DETENTION ONLY There was no case filed and I checked with court and court provided a certified letter saying that no case was filed against me. Arresting agency (police) didn't provide any docu...
An arrest, without a conviction, should pose no problem for Adjustment of Status. An arrest is a suspicion by an officer that you committed a crime, not proof. You should reveal the arrest when arrests are asked for, otherwise, you run the risk of being rejected by USCIS for failure to disclose.See question
In California can second dui offender take diversion program, and would that help to get lower sentence? If can what's the requirements would be?
Your question is vague. There are no Dui diversion programs. If you attend rehabilitation any judges will say great, but still not reduce fines or probation. A good attorney MAY negotiate for less time in jail or the work program but if a judge is against it, there is not much else to do. Good luckSee question
I have to get the police case to see what I blew for breathalyzer but I am sure it was high. My question is concerning if I have a case to fight if technically I was not driving the car, just in the driver seat of the car in middle of the freeway...
You should meet with a DUI attorney and do so quickly as your driver license may be at stake if you don't act now. What you have written is a possible good defense but more facts are needed. Many attorneys offer a free consultation. I do. Good luck.See question
First thing you need to do is meet with an experienced DUI attorney to assess the case and figure out what defenses and motions are applicable. Act quickly as time is of the essence.See question